Will deal with only legal aspect of triple talaq: Supreme Court

February 14, 2017

New Delhi, Feb 14: Supreme Court on Tuesday said it would decide issues pertaining to "legal" aspects of the practices of triple talaq, 'nikah halala' and polygamy among Muslims and would not deal with the question whether divorce under Muslim law needs to be supervised by courts as it falls under the legislative domain.muslim-marriage copy

"You (lawyers for parties) sit together and finalise the issues to be deliberated upon by us. We are listing it on Thursday for deciding the issues," a bench comprising Chief Justice J S Khehar and Justices N V Ramana and D Y Chandrachud said.

The bench made it clear to the parties concerned that it would not deal with the factual aspects of the particular case and would rather decide the legal issue.

"We are not interested with facts at all. We are only interested in dealing with the legal issue," the bench said.

The apex court said that the question whether divorce under Muslim Personal Law needs to be supervised by either courts or by a court-supervised institutional arbitration falls under the legislative domain.

The court, meanwhile, allowed the lawyers to file small synopsis of cases pertaining to alleged victims of triple talaq.

The Centre had earlier opposed the practice of triple talaq, 'nikah halala' and polygamy among Muslims and favoured a relook on grounds like gender equality and secularism.

The ministry of law and justice referred to constitutional principles like gender equality, secularism, international covenants, religious practices and marital law prevalent in various Islamic countries.

Responding to a batch of petitions including the one filed by Shayaro Bano challenging the validity of such practices among Muslims, the Centre first dealt with the right of gender equality under the Constitution.

All India Muslim Personal Law Board, however, had rubbished the stand taken by the Narendra Modi government that the apex court should re-look these practices as they are violative of fundamental rights like gender equality and the ethos of secularism, a key part of the basic structure of the Constitution.

Another prominent Islamic organisation Jamiat Ulema-i-Hind told the court there is no scope for interference with the Muslim Personal Law in which triple talaq, 'nikah halala' and polygamy are well rooted and stand on much higher pedestal as compared to other customs.

Comments

Hindustan Hamara
 - 
Tuesday, 14 Feb 2017

Spineless government is mute spectator to dalit discrimination and rss terrorism talking about Muslim Law. Chaddi Ravi Shankar Prasad should resign. He is not good for Indian Society. Who is he to say what is good for Indian Muslims? Can I say that beef is good for Brahman and it is law that every Brahman should eat beef along with vegetables? Triple talaq in one sitting is not widely practiced in India but it is ISLAMIC LAW which can be applied in rarest of rare case subject to Qazi'? approval. Triple talaq in 3 sitting is widely practiced in Indian society. Govt should think about improving people'? lives rather than peeping in people'? bedrooms and bathrooms.

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April 18,2020

Kochi, Apr 18: The Centre on Friday informed the Kerala High Court that there was no immediate plan to bring back the Indian citizens stranded in the Gulf countries due to the novel coronavirus outbreak and that the expatriates had been granted visa extension.

The counsel for the central government made the submission before a division bench comprising justices Rajavijayaraghavan and T R Ravi during the hearing of a plea seeking a direction to bring back Indians stranded in the UAE.

Permission of the Gulf countries was required to send medical teams there to carry out medical examination of the stranded Indians, the counsel said when the court sought to know the Centre's view on Kerala government sending medical teams to the Gulf countries to deal with the issue of COVID-19 disease among Malayalees there.

The court posted the plea for April 21 for consideration after the Central government informed that a similar petition is under consideration of the Supreme Court.

In its plea, Kerala Muslim Cultural Centre (KMCC) in Dubai, the organisation for non-resident Indians from Kerala, sought directions to the Ministries of External Affairs and Civil Aviation to provide exemptions in the international air travel ban to bring back Indians stranded in the UAE.

The petitioners noted that those who return could be kept in quarantine as per the protocol of the World Health Organisation (WHO).

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News Network
June 5,2020

Madikeri, Jun 5: Karnataka Minister for Revenue R Ashok said a Rs 10 crore grant would be released shortly for construction of a permanent building for 'Relief Centre' in Kodagu district which is vulnerable to floods because of its hilly landscape.

According to an official release here on Friday, the Minister symbolically handed over the newly built houses to flood victims in Jambur in Somwarpet on Thursday evening.

He said that whenever the 'Relief Centre' is vacant it will be used for government meetings.

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January 1,2020

Thiruvananthapuram, Jan 1: Kerala chief minister Pinarayi Vijayan on Wednesday said that the resolution passed by the Kerala Assembly is against the "unconstitutional Act passed by the Centre".

"The resolution passed by Kerala Assembly is against the unconstitutional Act passed by the Centre. It has been noticed by the whole country," Vijayan said.

The Kerala Assembly had on Tuesday passed a resolution seeking withdrawal of the Citizenship (Amendment) Act, 2019.

Before the resolution was passed against the Act, Vijayan in a special Assembly session targeted RSS and said that citizenship law is part of an agenda.

"The CAA is part of an agenda. Muslims are being considered as internal enemies by RSS, who is controlling the ruling dispensation at the Centre," he alleged.

The new law grants citizenship to Hindus, Sikhs, Jains, Parsis, Buddhists and Christians fleeing religious persecution in Pakistan, Afghanistan and Bangladesh who came to India on or before December 31, 2014.

Meanwhile, on Wednesday while talking about women safety, the Chief Minister said, "Those women, who are traveling face many problems, particularly regarding accommodation. To address this, government will start accommodation facilities in all towns. This project will be implemented with the help of local bodies."

Reacting to the development in the Kerala Assembly, BJP leader Mukhtar Abbas Naqvi said that Assembly has insulted the Constitution and parliament by passing a resolution seeking withdrawal of the Citizenship Amendment Act (CAA).

"The Constitution has delineated clearly the roles of parliament and state legislatures. When people who have taken an oath of the constitution, destroy it, it is a most irresponsible act. Both the houses of parliament have passed CAA and if a state assembly tries to hijack the Act it is an insult not only of the constitution but the parliament as well," Naqvi told news agency.

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abdulla
 - 
Thursday, 2 Jan 2020

Dear scape goat Naqvi, dont try to fool us.   I know you are a liar as you are int he company of liars.  MPs are taking oath to respect and safeguard indian constitution and not to disrespect it and go agaisnt the teachings of constitution.  What Central Govt has done is 100 perent agaisnt the constitution and every citizen has the right to oppose this.   You are definately go with the Govt as you are paid for it.   But dont force other too to follow you.  What Kerala Govt has done is according to will of people and Central Govtr should respect it.   

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